constitution Flashcards
(31 cards)
sovereignty
Ultimate political power which cannot be taken away by another body.
entrenched
A constitution that cannot be changed without a special procedure – e.g. a 2/3 vote of Parliament.
common law
Rulings by judges when the law is unclear – they carry the force of law.
Example: The rule that people are “innocent until proven guilty” comes from common law, established over time by judges in courts, not written down in a single law.
federal
A system where sovereignty is shared between different levels of government.
electoral dictatorship
Where a government is elected but can get away with doing almost anything, due to its large majority and lack of limitations.
uncodified
A constitution which, whether written or not, is spread across a variety of documents and sources.
devolution
The distribution of power (but not sovereignty) to lower levels of government
party written
A constitution that is a mix of written and unwritten sources.
parliamentary government
A system where the executive (government) is chosen indirectly by the legislature, not directly elected by the people.
un-entrenched
A constitution that has no special procedure for changing it – it can be changed like any other law.
unitary
A system where all sovereignty lies in one central place (e.g. Parliament)
authoritative works
Books or essays by constitutional experts, used as a guide to constitutional practice – they do not carry the force of law.
constitution
A document laying out the relationship between the government and the governed, and defining where sovereignty lies within a political system.
codified
A constitution all gathered in a single document (like the US constitution)
conventions
Traditions that are used as a basis for constitutional practice – they do not carry the force of law.
Example: In the UK, it’s a convention that the Prime Minister is the leader of the party that has the most seats in Parliament, even though it’s not written in law.
written
A constitution that is solely contained in written material.
presidential government
A system where the executive (government) is chosen directly, by vote of the people.
statue law
Laws passed by Parliament.
Example: In the UK, laws like the “Human Rights Act 1998” are examples of statute laws because they were passed by Parliament and are written down as official laws.
unwritten
A constitution entirely based on oral tradition and convention, not written.
treaties
International agreements, and rules passed under these agreements. They are usually ratified (approved) by Parliament.
Example: The Treaty of Rome, which established the European Economic Community (EEC), was a treaty between European countries and forms the basis for many laws that govern the European Union (EU). EU law, like rules on trade or human rights, often takes precedence over national law in EU member countries.
de facto
latin for in reality
de jure
legally
significance of 1215 for the british constitution
The Magna Carta (Great Charter) was signed by King John of England in 1215, and it is considered one of the foundational documents in British constitutional history. It limited the power of the monarchy and established the principle that everyone, including the king, was subject to the law. It also introduced important rights, like protection from unlawful imprisonment (habeas corpus) and the idea that taxes could not be levied without the consent of the realm.
significance of 1689 for the british constitution
The Bill of Rights 1689 was passed after the Glorious Revolution, which saw William of Orange take the throne from King James II. This document set out key constitutional principles, including the supremacy of Parliament over the monarchy. It guaranteed certain individual rights, such as freedom from cruel and unusual punishment and freedom of speech in Parliament. It also affirmed that the monarch could not suspend or create laws without Parliament’s consent, marking a significant step toward the modern parliamentary system in the UK.